Unit-7-complaint-and-adjustment

1、Complaint & Adjustment 申诉申诉&处理处理Vocabulary 1. 索赔 claim2. 投诉 complaints3. 数量索赔 quantity claim4. 品质索赔 quality claim5. 理赔 settlement of claim 6. 拒赔 reject a claim7. 争议 disputes8. 异议与索赔条款 discrepancy and claim clause9. 不可抗力 Force Majeure 10. 自然力 Acts of God 11. 仲裁 arbitration 12. 仲裁条款 arbitratio

2、n clause13. 鉴定报告 surveyors report 14. 仲裁裁决 arbitral award 15. 不妥包装 inferior / improper / faulty / defective packing 16. 短装 short delivery 17. 遗失 non-delivery18. 清洁提单 Clean Bill of Lading 19. 收货人 consignee 20. 发货人 consigner21. 仓至仓条款 Warehouse to Warehouse Clause22. 品质不良 inferior quality23. 品质不符 diffe

3、rent quality24. 破损 breakage Style of Writing Generally, complaints and claims situations are bad-news situations. When the news is bad, a letter in the indirect order is usually appropriate. Making complaints and claims is not a pleasant business and needs to be well planned and documented. How to m

4、ake the complaints and claims receive best adjustment desired. Here are some guidelines:1. Begin directly. Tell what is wrong. 开门见山开门见山2. Identify the situation (invoice number, product information, etc.) in the text. Describe the story in a clear and organized way. 清楚申明形势清楚申明形势3. Present enough fac

5、ts to permit a decision.提供详提供详尽事实尽事实4. Name specific actions to correct the problem and politely mention strong terms if you fail to get a satisfactory reply. 提出解决措施以及得不到有效受提出解决措施以及得不到有效受理的后果理的后果5. End positively-friendly but firm. 明确的结尾明确的结尾Sample complaint letterDear,RE: .I want to inform you of m

6、y dissatisfaction with. I purchased this item/service on/at.Briefly, the problem is (your reasons for complaint).I have already .(the action youve taken to resolve it).In order to resolve this matter (give your suggested specific action to satisfy your complaint).Enclosed are copies of Please contac

7、t me within of the date of this letter with specific instructions for resolution of my request. I have prepared a file for submission to (eg. The Consumer Protection Association of America / my lawyer), but will not submit it until the date indicated above. If you need to contact me by telephone, yo

8、u may reach me at.Classification . Complaints (claims) 申诉申诉(索赔索赔)1. complaint concerning non-delivery 申诉不交货申诉不交货2. complaint concerning quality (claim for inferior quality) 对品质进行申诉对品质进行申诉 (因品质低劣提出索赔因品质低劣提出索赔)3. complaint concerning damaged goods (claim on damaged goods) 申诉货物受损申诉货物受损 (对受损货物提出索赔对受损货物提

9、出索赔)4. complaint concerning wrong dispatch (delivery) 申诉发货有误申诉发货有误5. complaint concerning frustration 申诉不履行承诺申诉不履行承诺6. claim for short-weight 短量索赔短量索赔7. claim for charges and interests 索取电报费和利息索取电报费和利息8. claim for delay in delivery 对交货延迟提出投诉对交货延迟提出投诉. reply 回复回复 一一. Apology 致歉致歉1. apology for wrongl

10、y fulfilled order 因错发货道歉因错发货道歉2. apology for delay in fulfilling order 对延误履行订单道歉对延误履行订单道歉3. apology for faulty goods 对货物有缺陷道歉对货物有缺陷道歉4. apology for accounting error 对会计错误道歉对会计错误道歉二二. Replies to ill-founded complaints 对无根据索赔的答复对无根据索赔的答复三三. Rejection of complaint 拒绝申诉要求拒绝申诉要求Specimen letters(1) Compla

11、int about non-deliveryDear Mr. Petri:We havent got the personal computers we ordered on June 3.On June 3, we placed an order for ten sets of personal computers. When we discussed the matter on delivery, you promised that it would be made before June 20. However, it is 10 days past the deadline, and

12、your goods still have not reached us.We need these PCs urgently to improve the efficiency of our work; therefore, your failure to deliver them has put us into trouble.We appreciate your seeing the matter seriously and arranging for the delivery within 5 days. Im sorry to say if you are still unable

13、to deliver them by July 5th, we shall reluctantly cancel our order and ask for compensation.Sincerely yours,(2) Complaint about inferior materialsDear Mr. Wang:Subject: Clothing Materials Under Order HYJCK No. 042356Must Be Delivered in Line with the SamplesThe consignment of the clothing materials

14、we ordered on August 10 is not the quality as shown in the samples.The consignment arrived yesterday, but on checking the materials with the samples you sent us, we are surprised to find that they do not match each other. Their quality seems inferior to the samples, so they do not meet our customers

15、 requirement.We have arranged for the production of the customized suits and planned to start as soon as the materials arrive. However, we will have to postpone the original orders from our customers owing to the poor quality of the clothing material you sent us. This is bringing us much inconvenien

16、ce. Would you take them back and replace them with the one as we ordered? We allow you another 10 days to prepare them. If you cannot guarantee delivery for whatever reason before September 1, we should ask for a complete refund of the money and full compensation for all our costs.Your prompt cooper

17、ation will be beneficial to both of us.Sincerely yours, (3) complaint concerning damaged goods (A) claim on wetted goodsDear Mr. Hooper:We refer to sales confirmation No. BE027 covering the purchase of 500 metric tons of PANJIN PEARL RICE, the arrival of which we faxed you on May 20.When we inspecte

18、d it, we were surprised to find that 60 bales were wetted, estimated at 12,000 kg. After that, we asked China Import and Export Commodity Inspection Bureau to make a survey that has confirmed our initial findings.The survey report indicates that the loss was due to the outdoors improper stowage befo

19、re shipment, for which you, the suppliers, should be responsible.On the strength of the survey report, we hereby file our claim against you as follows:Depreciated value(损失价值；降低的价值) $4,800Survey Charge $200Total claimed $5,000We enclose survey report (No. SE2052) and look forward to early settlement

20、of the claim. Enc. Survey Report (No. SE2052)Yours sincerely, (4) complaint about the frequent wrong deliveries (A) Dear Mr. Strong:Please see to it that our latest three orders (invoice number 213, 214, 215) are correctly filled. Im a customer who visits you often. My office is almost furnished wit

21、h your appliances such as electronic decorations, sandalwood desks and chairs that match. I have always felt your supplies reliable and still do. But the mistakes in the last four orders force me to think about the alternatives.The last four orders all have mistakes of sending the wrong items and I

22、am frustrated by sending back the articles again and again. The pendant lamps (吊灯) instead of table lamps, which was corrected when I sent them back. The second was the wallpapers. I ordered the classic, tasteful ones not the colorful ones. So I sent them back again. The third was thesandalwood chai

23、rs that matched the desks. You sent me two leather ones, but since I needed them in the hall I paid &50 for them. The last mistake was the curtains. I ordered light pink with embroidery on them, but you sent me plain white ones. so again I visited your store.There are still another three orders,

24、 and I hope I wont have to send them back again! So as a customer, I insist that you exercise effective supervision over the work and offer me correct goods.You certainly wouldnt like to see your customers turn to other suppliers. Your consideration of customers will bring you more business and prof

25、it. Sincerely yours,(B)Dear Mr. Phillips:Would you immediately replace the visual software for XP5030 with that for XP5645 which we have paid for？ On June 14, we purchased the office communication system XP5645 from your sales representative John Windsor. As your file may show, we paid $ 4,500 for i

26、t, which is $200 more than for XP5030. That payment includes free installment and 6 months trial period.The software you sent us operated well at the beginning, but the system refused to work after two weeks. After careful examination, we found what you sent us is for XP5030, not for XP5645 we purch

27、ased. I called Mr. Windsor that same day, June 28. He said he was busy negotiating with another client at another city. He promised to arrange people to replace it. Six days has passed, but nothing happens.It is urgent that you adjust the issue by sending personnel to replace the software and instal

28、l the system again. The collapse of the system has caused serious problems in our normal operation. The replacement is expected no later than June 30.It is urgent that you adjust the issue by sending personnel to replace the software and install the system again. The collapse of the system has cause

29、d serious problems in our normal operation. The replacement is expected no later than June 30.Please call me at 02-30-54228818 any time before 4 p.m. Im confident that you are serious about the matter. If I havent received your call by 12:00 on Tuesday, June 30, I will reluctantly turn this issue to

30、 my lawyer for actions against you. We appreciate against you.Sincerely yours, Negative Specimen letters(1) complaint about poor packingDear Sirs:Have you taken care in checking your packing before you sent us the goods? What a terrible state they are in now! Why are so many goods nude and broken?Ac

31、cording to our contract, you are responsible for sound packing, but now you have been failed in fulfilling your duty! Why is that?We have never seen a supplier whose packing is so poor! It is obvious that we cannot accept them. Replace them or refund the payment.If you cannot give us a reasonable ex

32、planation and fail to deal with it, we will consider turning the whole matter into the court!Sincerely yours, Judging Criteria 1. Grumble at the beginning without clear indication of the exact batch, confusing the readers. 2. The following harsh words signify the disobedience of the packing obligati

33、ons and accuse such kind of actions is unprecedented on any other supplier.3. Then, put forward the demand to place the commodities or refund the payment, otherwise, the supplier would be taken to the court. From the entire text, we can deduce the writer finished the writing in an extreme fury witho

34、ut any careful consideration and forgets to pay attention that the writer is likely to be the non-responsible. Whats more, the poor packing may be caused during the shipment instead of before the shipment.As a business correspondence, good business relations should be taken into careful consideratio

35、n, so the words chosen in a correspondence should be well considered. 开头用问句发了一顿牢骚，但并未指明货物是哪批，会让人摸不着头脑。紧接着措辞严厉地指出卖方违反了包装义务，指责这样的供货商是前所未见的。然后要求换货或是退还货款，最后还威胁说不处理好此事就要法庭上见，这让人觉得不舒服。从整篇文章看，写信人是在极其生气的情况下写这封信的，因此没有经过慎重考虑。而且还没有考虑到，读者不一定就是直接责任人，包装不好不一定就是在装船前发生的，还可能是在运输过程中发生的。作为商务信函，要考虑保持良好的合作关系，因此下笔之前要仔细斟酌。

36、(2) Claim on damaged cornDear Hamilton:Corn is very important to our factory because all of our products are concerned with corn. We have been in operation for more than 50 years. No supplier has failed to deliver us the qualified materials we needed. Now we have taken delivery of 100 bales of corn

37、you sent us, but on inspection, we regret to find out that 13 of them were in a much damaged condition.You must look into this matter and give us a satisfactory answer quickly!Yours faithfully, Judging Criteria1. At the beginning, it raises the importance of corn towards its part. It says there has

38、never been the case for 50 years in their operation that a supplier supplied the unqualified corn, which is very incredible and serves little for the matter.2. In the 2th paragraph, it is known that there are some damages on the supplied corn, however, it is still unknown the reason of these damages

39、, perplexing the supplier. 3. In the end, the words are too harsh and renders no suggestion or proposal, generating a sense of completely depending on the suppliers decisions and losing the initiative and goodwill. 开头提到了玉米对企业的重要性信中说50年来没有一家供货商送过不合格的玉米，这似乎有些让人难以相信，而且说这些的目的性也不明确，让读者摸不着头脑。直到第二段才知道是供应的玉

40、米有损坏，但未说明原因，让人不知所措。结尾措辞较强硬，但没有提出任何的建议和主张，有一种卖方看着办的感觉，有失主动和善意。Useful sentence patterns. Describe the problems1. On examination, we found all the goods were wetted. 经检验经检验,我们发现所有的货物都我们发现所有的货物都已受潮。已受潮。2. We checked some of the items and found they were in damaged condition. 我们检查了我们检查了部分产品部分产品, , 发现它们已严

41、重受损。发现它们已严重受损。3. It contained articles different from what we have ordered. 这批货物与我们订购的物品这批货物与我们订购的物品不符。不符。4. The goods we ordered from you on June 6 havent arrived yet. 我们我们6 6月月6 6日订购的货物日订购的货物至尽仍未到达。至尽仍未到达。5. The quality of lot of goods is so far below the standard that we cannot use them for our p

42、urpose. 这批货物的质量远这批货物的质量远远低于标准远低于标准,我们无法使用。我们无法使用。6. We are disappointed to find that the items delivered dont match the samples. 我们遗憾地发现货物与样品不符。我们遗憾地发现货物与样品不符。7. Your incorrect delivery has caused a great deal of trouble to us. 你们的错误给你们的错误给我们带来了巨大的麻烦。我们带来了巨大的麻烦。8. Delivery of the goods ordered on Ma

43、rch 3 is now considerably overdue. 3月月3日订购的货物的交付时间现已逾期甚日订购的货物的交付时间现已逾期甚久。久。9. The goods are not up to the standard. 货物没有达到标准货物没有达到标准。 10. We regret that only 20 sets have been received to date whereas our order indicates 25. 我方非常抱歉地通知我方非常抱歉地通知您您,迄今为止我们只收到了迄今为止我们只收到了20台货物台货物,而我们而我们订购的是订购的是25台。台。. Nam

44、e specific actions to remedy the problems 1. Would you please send someone to repair it today? 您能今天就派人来修理吗您能今天就派人来修理吗?2. Please send us the replacement no later than June 20. 请于请于6月月20之前将替换品送来。之前将替换品送来。 3. We would like someone to come and fix it now. 我们希望现在有人来进行修理。我们希望现在有人来进行修理。 4. Please look into

45、 this matter at once and let us know the reasons for the delay. 请立即对此请立即对此事进行调查事进行调查,尽早通知我们迟延的原因。尽早通知我们迟延的原因。5. We hope that the goods will be sent immediately. 希望货物即刻发运。希望货物即刻发运。. Courteous demand for action1. We shall be glad to learn from you that you are preparing to make some allowance for the

46、damage. 希望贵方能对我方造成的损失做出补偿。希望贵方能对我方造成的损失做出补偿。2. We would be much pleased that the case be settled on an amicable basis. 诚望此事友好解决。诚望此事友好解决。3. In view of our friendly business relations, we are sure that the matter will be settled appropriately. 鉴于我们之间友好的业务关系鉴于我们之间友好的业务关系,我方相信此我方相信此事定会得到妥善解决。事定会得到妥善解决。

47、4. We are looking forward to a satisfactory conclusion of the matter. 我方期待此事有一个令人满意的结局。我方期待此事有一个令人满意的结局。5. Your quick dispatch will be most appreciated. 请尽快发运请尽快发运,我方不胜感激。我方不胜感激。. Strong demand for action1. If you cannot deliver the goods within ten days, well reluctantly turn this matter to our att

48、orney. 如果你方十日内不能交货，我方不得不交如果你方十日内不能交货，我方不得不交我方律师处理我方律师处理。2. Unless your assignment reaches us no later than,we will cancel our order. 除非你们的货物在除非你们的货物在前到达前到达, ,我们将取消我们将取消订单。订单。3. If you cannot provide qualified goods within 3 days, well ask for a refundment. 如果在如果在3 3日内不能提供合格产品日内不能提供合格产品, ,我们将要求退我们将要求

49、退还货款。还货款。4. Youll have to make compensation for all our costs. 你们要赔偿我们的全部损失。你们要赔偿我们的全部损失。 5. I hereby inform you that I am lodging a formal complaint with your company. 特此通知贵方特此通知贵方,我公司将正式投诉贵公司我公司将正式投诉贵公司。Adjustments & Refusals理赔与拒绝理赔与拒绝函函(回复回复)Background knowledgeIn business world it is unavoid

50、able to receive complaints and claims. How to appropriately resolve the matter becomes a tough and challenging task. There are some useful tips for writing it without damaging the companys image.2 cases . grant an adjustment1. Begin directly-with the good news. 开门见山开门见山2. Incidentally identify the c

51、orrespondence that you are answering. 顺带提出回应对方的信函号顺带提出回应对方的信函号3. Avoid negatives that recall the problem. 避免触及负面问题避免触及负面问题4. Regain lost confidence through explanation or action. 重拾对方信心重拾对方信心5. End with a friendly, positive comment. 友好而明确地结束友好而明确地结束. Refusal In the refusal letter, you have 2 goals.

52、The main one is to say no; the other is maintain goodwill. You could achieve the first goal by simply saying no-plainly and directly. Maintaining goodwill, however, requires more. And the following general pattern is advisable:1. Begin with words that indicate response to the request and are neutral

53、 as to the answer, and set up the strategy. 提出恢复意见,语气中立,提出针对性措施2. Present your justification or explanation, using positive language and you-viewpoint. 解释你方理由,积极有效地陈述立场3. Refuse positively. 明确拒绝4. End with adapted, goodwill comment. 善意结尾Specimen letters(1) Adjustment for the wrong materialsDear Glen

54、n Presley:The correct consignment of the clothing material will reach you within 20 days.Im grateful for your letter dated September 1st. We re sorry to learn that the clothing materials dont match the sample. After careful examination, we found that we had misfilled your order and another order tha

55、t was different from yours with only one letter. We have arranged for the correct consignment and it would arrive at your place by September 24th.As compensation for the wrong delivery, I would like to provide you a 5% discount on this consignment, and I hope such an arrangement is satisfactory to y

56、ou. Yours sincerely,(2) Adjustment to claim on the quality problemDear Mr. Woods:Thank you for your letter of March 3rd and we will take care of your broken-down sewing machines.It is our common practice to carry out a careful screening to ensure our machines functional and reliable before they are

57、finally sent out to customers. We are so confident and proud of our quality that our warranties run for as long as the customers possess the products.Your letter informing us of the problem has been handed to the Technology Department. The senior engineers will take make a careful research to find o

58、ut the potential problem areas. Simply send us the bill for the repairs and well reimburse you the costs.For any problems arising with this or any other machines we produced, simply take it to your nearest Sharp Machine Distributor who will repair it at no expense for you.Sincerely yours,(3) Refusal

59、 to claim on replacement Dear Mr. Mitchell:We understand your concern about the software Model 4050 you mentioned in your letter of May 6. We are willing to do as much as we reasonably can to make things right. From your description and our staffs careful research, we found that there was something

60、wrong in the computer networks you adopted. As it is stated in the operating instruction, this software is solely compatible with Windows XP, which is different from Windows 98. And before you use this software, you should have to install the starting system at the bottom of the box first. But you havent installed